Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:22145 CMP NO.524 OF 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISCELLANEOUS PETITION NO.524 OF 2025 BETWEEN:
1. NARAINDAS BODARAM SINCE DECEASED, REP. BY LRS. 1(a). ABHISHEK AHUJA S/O LATE NARAINDAS BODRAM, AGED ABOUT 39 YEARS, R/AT PHOENIX KESSAKU MIZU, 24 AND 25, DR. RAJKUMAR ROAD, RAJAJINAGAR 1ST BLOCK, BENGALURU - 560 010. 1(b). GAURAV AHUJA S/O LATE NARAINDAS BODRAM, AGED ABOUT 37 YEARS, R/AT FLAT NO.205, 2ND FLOOR, CENTURY RENATA APARTMENT, SAMPANGIRAMANAGAR, BENGALURU - 560 027. 1(c). JYOTI NARAINDAS W/O LATE NARAINDAS BODRAM, AGED ABOUT 79 YEARS, R/AT PHOENIX KESSAKU MIZU, 24 AND 25, DR. RAJKUMAR ROAD, RAJAJINAGAR 1ST BLOCK, BENGALURU - 560 010. 1(d). SHARMILA ANIL NICHANI @ SHARMILA AHUJA D/O LATE NARAINDAS BODARAM, AGED ABOUT 55 YEARS, R/AT NO.430, HENDRON, PL, ALPHARETTA, GA, 2005, UNITED SATES OF AMERICA. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:22145 CMP NO.524 OF 2025
1(e). SAPNA AHUJA D/O LATE NARAINDAS BODARAM, AGED ABOUT 57 YEARS, R/AT NO.13, OXENDEN WOOD ROAD, ORPINGTON, BR66HR, UNITED KINGDOM. 1(f). VARSHA HASSANAND @ ANJU AHUJA D/O LATE NARAINDAS BODARAM, AGED ABOUT 52 YEARS, R/AT NO.401, BLOCK 'A' GODREJ PLATINUM, HEBBAL, BENGALURU - 560 094. PETITIONERS 1(b) to 1(f) ARE REP. BY THEIR SPECIAL POWER OF ATTORNEY SRI. ABHISHEK AHUJA [PETITIONER NO.1(a)]
…PETITIONERS (BY SRI. BHARATH S., ADVOCATE)
AND:
1. MR. SUNIL S. BATHIJA S/O LATE SHAMSUNDER R. BATHIJA, AGED ABOUT 55 YEARS, R/AT NO.7, 9TH MAIN, SADASHIVANAGAR, BENGALURU - 560 080. 2. MRS. MANISHA BATHIJA W/O ANIL S. BATHIJA, AGED ABOUT 50 YEARS, R/AT AT NO.46/E, FAIR FIELD LAYOUT, RACE COURSE ROAD, BENGALURU - 560 001. 3. MRS. SUNITHA S. BATHIJA W/O LATE SHAMSUNDER R. BATHIJA, AGED ABOUT 74 YEARS, R/AT, NO.46-E, FAIRFIELD LAYOUT, RACE COURSE ROAD, BENGALURU - 560 001. - 3 -
HC-KAR NC: 2026:KHC:22145 CMP NO.524 OF 2025
4. MR. ANIL S. BATHIJA S/O LATE SHAMSUNDER R. BATHIJA, AGED ABOUT 54 YEARS, R/ATNO.46-E, FAIRFIELD LAYOUT, RACE COURSE ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SMT. MANASA M.B., ADVOCATE FOR R1; SRI.
AMIT MANDGI, ADVOCATE FOR R2 TO R4)
THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT AN ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PETITIONER AND RESPONDENTS IN TERMS OF CLAUSE 19 OF THE PARTNERSHIP DEED DATED 17TH AUGUST, 2025 VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER
In this petition, petitioners are seeking an order of appointment of the Arbitrator to adjudicate the dispute between the petitioners and respondents in terms of Clause 19 of the Deed of Partnership dated 17th August, 2005 (Annexure-A).
2. Heard Sri. Sri. Bharath S.,
learned counsel appearing for petitioners; Smt. Manasa M.B., learned counsel appearing for the respondent No.1; and Sri. Amit Mandgi,
learned counsel appearing for respondents 2 to 4.
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HC-KAR NC: 2026:KHC:22145 CMP NO.524 OF 2025
3. In the light of submission made by learned counsel appearing for the parties, I have perused the Arbitration Clause in the Deed of Partnership dated 17th August, 2005 (Annexure- A), which reads as under:
"19. In the event of any disputes arising between the parties herein either with regard to the carrying on the business of the firm or generally arising, out of the Deed of Partnership, such disputes shall be resolved by arbitration in accordance with the Indian Arbitration Act, 1940, or any amendment thereof."
4. On perusal of Arbitration clause, it is not in dispute that the original petitioner-Naraindas Bodaram and respondents herein are the partners as per the Deed of Partnership dated 17th August, 2005 (Annexure-A). In that view of the matter, I am of the view that, it is necessary to appoint a Sole Arbitrator to resolve the dispute between the parties.
5. Therefore, Hon'ble Mr. Justice Sreenivas Harish Kumar, Former Judge of this Court is appointed to act as a Sole Arbitrator in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru as per the extent Rules. In order to avoid further delay in the matter, parties are directed to appear
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HC-KAR NC: 2026:KHC:22145 CMP NO.524 OF 2025
before the Arbitration and Conciliation Centre (Domestic and International), Khanija Bhavan, Bengaluru on 04th June, 2026 at 11.00 a.m.
6. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal.
7. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic and International), Khanija Bhavan, Bengaluru for proceeding further in the matter.
8. Registry is directed to return the original documents if any, produced by the parties, after obtaining photostat copy of the same for the file.
Accordingly, Civil Miscellaneous Petition is disposed of.
SD/- (E.S.INDIRESH) JUDGE
ARK List No.: 2 Sl No.: 9